Chapter X — PENALTIES AND PROCEDURES

Section 54Authority for imposition of penalty and procedure therefor

Section 54: Authority for imposition of penalty and procedure therefor

54. Authority for imposition of penalty and procedure therefor

54. Authority for imposition of penalty and procedure therefor.— (1) The authority for imposing the penalty under the Second Schedule with regard to contravention listed under sub-section (3) of section 15, where the contravention is by port officer, shall be the conservator and where the contravention is by the port, shall be such officer, as may be notified by the State Government.

(2)

For the purpose of imposition of penalty under this Chapter, where the conservator is a body of persons, the authority for imposition of penalty shall mean, one person appointed from amongst such body of persons, in such manner as may be prescribed by the appropriate Government.

(3)

The authority for imposing the penalty under the Second Schedule with regard to contraventions listed under section 19, section 20, sub-section (1) of section 22, section 23, sub-section (1) of section 26, sub-section (1) of section 32, section 39, sub-section (1) of section 40, section 41, section 43, sub-section (2) of section 47, section 49, sub-section (1) of section 52, section 57, section 65 shall be the conservator.

(4)

The authority for imposing the penalty under the Second Schedule with regard to section 36, section 37, sub-section (1) of section 38, sub-section (2) of section 38, sub-section (3) of section 38, sub-section (1) of section 44, sub-section (2) of section 44, sub-section (1) of section 66, sub-section (4) of section 66, section 67, section 68, sub-section (1) of section 69 and sub-section (2) of section 69 shall be the concerned principal officer under the Merchant Shipping Act, 2025 (24 of 2025).

(5)

Before imposing any penalty specified under the Second Schedule, the parties shall be given an opportunity of being heard.

(6)

Every order of imposition of penalty under this section shall be in writing.

Amendment notes (1)
  1. 1Subs Subs. by Act 8 of 2026, s. 2 and Sch., for s. 54 (w.e.f. 01.07.2026)